Africa-Press – Uganda. Four suspects on remand over alleged destruction of evidence in the murder of Kampala businessman Henry Katanga will remain in custody after court Wednesday deferred the hearing of their bail application.
High Court Judge Isaac Muwata deferred the hearing following the state’s submission –led by Samalie Wakhooli– objecting the application.
The state reasoned that “there was an already substantive bail application in the chief magistrate’s court at Nakawa, put on hold pending the hearing of the application for criminal revision before the same court (high court).”
“I am aware of the pending revision matter. It is imperative that this matter is heard after the hearing and ruling in the revision case. The bail application will be mentioned on the same date on January 24,” Justice Muwata held.
The applicants through their lawyer Elison Karuhanga had challenged the state’s submission stating that they had already withdrawn the bail application at the chief magistrate court- and that the court should go ahead to hear the bail application since the state had already filed her response as they await the pending application for criminal revision.
The application for criminal revision is challenging the jurisdiction of the chief magistrate’s court to entertain the plea taking of the suspects on a charge sheet that has a capital offense of murder.
Four applicants seeking bail on remand include Katanga’s daughters Patricia Kakwenza and Martha Nkwanzi Katanga in addition to Dr Charles Otai and domestic worker George Amanyire.
They are accused of destroying evidence and being accessory after the fact of murder but jointly charged with Molly Katanga, a wife to the deceased who is hospitalized and on criminal summons to face alleged murder charges.
According to their grounds for bail, the four state that they are charged with offences that are bailable. They also indicate that they are entitled to the constitutional presumption of innocence, have substantial sureties and are law abiding citizens who have never been charged or convicted of any criminal offence.
Other reasons are that the applicants are gainfully employed, bread winners of their respective families with fixed places of abode within the jurisdiction of court to which they shall not abscond once released on bail- and have no capacity to interfere with the investigations into the pending criminal case.
In her affidavit, Kakwenza claimed she is suffering from fluctuating severe hypertension heart disease, chronic clinical gastris with upper GIT bleeding tendencies and obesity which require regular access to specialized medical treatment and monitoring.
“I have no access to this medical attention and treatment at the Luzira Women’s prison. In the interest of justice I seek to be released on bail to enable me receive ample medical care, spend time with my grieving family, earn a living, have adequate time to prepare my defence and exercise my right to liberty and fair hearing,” she adds.
Background
Prosecution alleges that on November 2, 2023 at Mbuya, Chwa 2, in Nakawa Division, with Malice aforethought, Molly killed her husband.
The state alleges that on November 2 2023, Nkwanzi and Kakwanza, knowing that things at the scene of crime may be required in evidence in a judicial proceeding, removed or destroyed them or rendered them illegible or undecipherable or incapable of identification. Prosecution claims that the duo had the intention to prevent them from being used in evidence.
The state further states Dr Otai and Amanyire received or assisted other people who were to their knowledge liable of an offense, in order to enable them escape punishment.
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